Landlord & Tenant
Unless a tenant has surrendered possession of the rental property to the landlord or abandoned the property, a landlord must file an eviction case in order to remove the tenant. (NRS 118A.480.)
Typicaly, a “landlord” is anyone who provides a dwelling for occupancy pursuant to a lease agreement. (NRS 118A.100.) But a landlord-tenant relationship might exist even if there is no written lease. A rental agreement can be oral as well as written. (NRS 118A.160). To decide whether a landlord-tenant relationship exists, a court could look at whether the landlord consented to the occupancy, the length of the occupancy, and whether any money, good, or services were exchanged.
There are two processes the landlord can use to evict a tenant: (1) the “summary eviction process, and (2) the “formal” eviction process.
Summary Eviction Overview
A “summary” eviction begins with the landlord serving the tenant with one or, in some cases, two eviction notices. When the tenant receives the notice, the tenant might choose to leave the property, comply with the notice (for example, by paying rent or fixing the lease violation), or file an affidavit (sometimes called an ” answer”) with the court to dispute the notice.
If the tenant files an affidavit/answer and the landlord files a complaint with the court to evict the tenant, the court will schedule a hearing to decide whether an order for summary eviction should be issued. The hearing is usually scheduled within one week, and is held either on Tuesday or Thursday morning at 9:00 a. m.
Formal Eviction Overview
A “formal” eviction allows the landlord to request both possession of the rental property and money in a single lawsuit. Formal evictions have more and stricter rules than summary evictions. (That is why they are called “formal”) A formal eviction starts by the landlord serving the tenant with an eviction notice. When the tenant receives the notice, the tenant might choose to leave the property or comply with the notice.
If the tenant fails to comply with the notice, at the end of the notice period the landlord can serve the tenant with a summons and a complaint for unlawful detainer that asks the court to award the landlord possession of the property. The landlord can also ask for a money judgment against the tenant.
in response to the complaint, the tenant can file an answer to oppose the landlord’s claim. The tenant can also file a counterclaim for a money judgment against the landlord and can demand a jury trial.
If the landlord wants possession of the property prior to trial, the landlord can schedule a “show cause” hearing at which the judge will decide whether the landlord is entitled to possession of the property as the case moves forward. Otherwise, the landlord can file a notice setting the case for trial.
At trial, the judge will decide whether the landlord is entitled to permanent possession of the property and whether any money judgment should be awarded.
For a more comprehensive review of Landlord & Tenant issues, including issues related to habitability, essential services, left behind personal property, or security deposits, please click here: http://nevadalawhelp.org/issues/housing
For forms related to summary eviction please visit our Forms Page https://eastforkjusticecourt.com/forms/